Abstract
Debating on the outsourcing existence in Law No.13 of 2003 regarding to Labor, is still continuing even though there has been a decision of Indonesia Constitutional Court (MK) who stated the rules that the content of Article 65 paragraph (7) and Article 66 paragraph (2) has been outlawed. The problems of this research are: How is the outsourcing concept of regulating in the labor law and the regulation of the labor minister No. 19 of 2012; and What effort to keep the outsourcing arrangement can provide legal protection for workers? This research use juridical normative method. The research finds that some of the concept is in contradiction with the 1945 constitution and another Law which is related to the protection of labor, and even with the other articles that exists in the Labor Law itself so thats the norm contains contradictio adconceptio. Therefore, the system of outsourcing that will be regulated should consider the principles of goof outsourcing governance. They are: legal protection, non-discrimination, worker as the subject not as an object, benefit and welfare, sustainable working relation, and the shifting of protection to the labor. Keywords: Law Protection, Outsourcing setting, synchronization
Highlights
The genesis of Law No 13 Year 2003 on Employment brought fundamental changes in Indonesia’s industrial relations because of a rule intended to regulate the relations between workers/employees and employers as a whole reΩDoctoral Research Grant with Contract Number ContractNo.:04/H.16/DD/LPPM/2015 gulate matters related to labor and employers well before, during and after their employment.This law regulates the material related to the outsourcing which basically is a novelty in the field of labor in Indonesia, as contained in article 64-66 of Employment Law, altough there is only three chapters but it has had enormous influence on the development of labor in Indonesia
The presence of Employment Law is expected to answer the needs of industral people, the government found the difficulty in creating an accommodative Employment Law which can be accepted by all stakeholders involved especially the workers and employers in the process of forming the employment regulation, so that A
Uwiyono7 termed it as Employment Law at a crossroads because it regulates the two different interests even clashed with each other, so that all the entry into force of approximately 12 years basically can not be effective because there is always a demand from the workers to have the particular matter of the labor Law was abolished, for example about outsourcing, even the enactment rejection of this Act comes from the employers who are consider that the arrangements about severance pay are way too burdensome to employers
Summary
The genesis of Law No 13 Year 2003 on Employment (hereinafter referred to as Law of Employment) brought fundamental changes in Indonesia’s industrial relations because of a rule intended to regulate the relations between workers/employees and employers as a whole reΩDoctoral Research Grant with Contract Number ContractNo.:04/H.16/DD/LPPM/2015 gulate matters related to labor and employers well before, during and after their employment.This law regulates the material related to the outsourcing which basically is a novelty in the field of labor in Indonesia, as contained in article 64-66 of Employment Law, altough there is only three chapters but it has had enormous influence on the development of labor in Indonesia. The genesis of Law No 13 Year 2003 on Employment (hereinafter referred to as Law of Employment) brought fundamental changes in Indonesia’s industrial relations because of a rule intended to regulate the relations between workers/employees and employers as a whole reΩ. No.:04/H.16/DD/LPPM/2015 gulate matters related to labor and employers well before, during and after their employment. This law regulates the material related to the outsourcing which basically is a novelty in the field of labor in Indonesia, as contained in article 64-66 of Employment Law, altough there is only three chapters but it has had enormous influence on the development of labor in Indonesia.
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